Staff Report to the
B o a r d o f Zo n i n g A d j u s t me n t
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ITEM # 9
610 W. K ING S T .
Hazel St.
W. King St.
W. Winter Park St.
Location Map
Subject Site
S U M M A RY
Applicant/Owner
Kyle Earley
Project Planner
Michaëlle Petion, AICP
Updated: November 16, 2015
Property Location: 610 W. King St.
(east of Edgewater Dr., north of Clayton St.,
west of Elizabeth Ave., and south of W. King
St.) (±0.16 acres, District 3)
Applicant’s Request:
The applicant proposes an inline addition along
the rear of the existing house and is requesting
the following variances:
A) Variance of .4 ft. to allow 5.6 ft. west side
setbacks where 6 ft. is the minimum required.
B) Variance of .3 ft. to allow 5.7 ft. east side
setbacks where 6 ft. is the minimum required.
C) Variance of 23.5 ft. to allow the required
parking space to project in front of the principal façade where a 5 ft. recess is required.
Staff’s Recommendation:
Approval of the requested variances, subject to
the conditions of the staff report.
Public Comment
Courtesy notices were mailed to property owners
within 300 ft. of the subject property during the
week of November 9, 2015. As of the published
date of this report, no calls have been received
from the public.
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FUTURE LAND USE
ZONING MAP
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P R O J E C T A N A LY S I S
Project Description
The subject property consists of a rectangular-shaped lot with a single-family residence in the College Park neighborhood. The property is zoned R-1/T/W and is designated as Residential Low on the City’s Future Land Use Map. Adjacent uses consist of singlefamily residences.
The site is currently developed with a +/-1,494 gross sq. ft. single-family home. The owner proposes to enclose the existing screen
porch into living space and add an additional +/-551 sq. ft. of living space. A new +/- 373 sq. ft. covered porch is also proposed.
Requested are the following variances:
A) Variance of .4 ft. to allow 5.6 ft. west side setbacks where 6 ft. is the minimum required.
B) Variance of .3 ft. to allow 5.7 ft. east side setbacks where 6 ft. is the minimum required.
C) Variance of 23.5 ft. to allow the required parking space to project in front of the principal façade where a 5 ft. recess is required.
Background:
1924:
1950:
2015:
Property platted as part of the Anderson Park Subdivision.
Residence constructed on parcel.
Property acquired by current owner.
Intent of District
The R-1 district is intended “to conserve the general character of established one family neighborhoods, and to provide for new areas
of low and moderate density one family development.” The property is located in the Traditional City (T) overlay, which denotes
those areas generally platted or developed prior to World War II. The Wekiva (W) overlay is intended to promote a pattern of development that preserves open space and protects the most effective recharge areas, karst features and sensitive natural habitats within
the Wekiva Study Area, while recognizing property rights and accommodating both rural and urban land use patterns.
Analysis
Table 1: R-1/T Setback Requirements
Variances A & B: The subject property is zoned R-1/T, which requires
a side yard setback of 6 ft. Built in 1950, the existing home is at a setMinimum Required Proposed
back of 5.6 ft. along the west property line and 5.7 ft. along the east.
The proposed addition would be inline with the existing residence. It Front– W. King St. 25 ft.
+32 ft.
should be noted that variances A & B would be eligible for administraSide– west
6 ft.
5.6 ft.
tive relief were the lot not nonconforming in lot width.
The subject lot is 50 ft. in width by 140 ft. in depth, and is therefore Side– east
below the minimum R-1/T lot width of 55 ft. Land Development code
(LDC) section 58.1152, states the following in regards to nonconform- Rear
ing lots:
6 ft.
5.7 ft.
25 ft.
57 ft.
Non-conforming Residential Lots. When a platted residential lot or Lot of Record is non-conforming in lot area, lot width, or lot
depth, the following regulations shall apply:
(a) Height. The maximum building height shall be two-stories.
(b) FAR. The maximum floor area ratio shall be 0.50.
(c) Location of Required Parking. All required parking spaces and garage door elevations shall be set back a minimum of
five (5) feet from the principle facade of the principle building. For each lot, the combined width of all garage door(s) facing
a street shall not exceed fifty percent (50%) of the combined width of all building elevations facing the same street. Garage
accessory structures in the rear half of the lot shall not be included in this calculation, except when the garage accessory
structure is located on a corner lot and faces a side street. When a garage accessory structure is located on a corner lot and
faces a side street, the garage accessory structure shall be set back a minimum of twenty (20) feet from the street side property line and the combined width of all garage door(s) facing a street shall not exceed thirty-five percent (35%) of the combined width of all building elevations facing a street, including the garage accessory structure.
(d) Appearance Review Required. Appearance Review shall be required pursuant to the requirements and procedures provided in section 62.300
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P R O J E C T A N A LY S I S
(e) Modification of Standards Prohibited. Modifications to development standards on nonconforming residential lots under Chapter 65 of this Code are prohibited. A variance approved by the Board of Zoning Adjustment shall be required.
Variance C: The subject property currently lacks a parking structure (carport or garage) and parks in the driveway. Covered parking
is not a code requirement but as previously noted, LDC section 58.1152 requires parking, for this site, to be provided behind the
principal facade. At a principal façade setback of 32 ft., the required parking would need to be setback a minimum of 37 ft. The
proposed addition occurs along the rear of the house and therefore does not impact the existing front of the house. Also, the required
parking can not be accommodated along the side of the house due to the +/-5 ft. side setbacks. The applicant would have to demolish
a portion of the house to meet code.
Staff recommends approval of the requested variances due to the existing conditions of the house and site.
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S U RV E Y
FLOOR PLAN
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SITE PLAN
Existing location of
required parking.
(Variance C)
Code required recess
of 5 ft. from principal
façade for parking.
Principal facade
Approx. location of
existing covered
porch.
Variances A & B for side
setbacks.
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FLOOR PLAN
Proposed addition
Location of existing covered porch
Existing residence
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E L E VAT I O N S
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SITE PHOTOS
Subject property from E. King St.
Western property line with existing 5.6 ft. side setback.
Existing covered porch.
Eastern property line with existing 5.7 ft. side setback.
Existing required parking space in driveway.
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FINDINGS AND RECOMMENDATIONS
Setback Variance
A) Variance of .4 ft. to allow 5.6 ft. west side setbacks where 6 ft. is the minimum required.
B) Variance of .3 ft. to allow 5.7 ft. east side setbacks where 6 ft. is the minimum required.
C) Variance of 18.5 ft. to allow the required parking space to project in front of the principal façade where a 5 ft. recess is required.
Staff recommends approval of the requested variances based on the finding that it meet all six (6) standards for approval, subject to
the following conditions:
1.
2.
Development shall be in strict conformance with all conditions and the survey and site plans found in this report, subject to any
modification by the Board of Zoning Adjustment (BZA) and/or City Council. Minor modifications to the approved variance
may be approved by the Zoning Official. Major modifications, as determined by the Zoning Official, shall require additional
review by the BZA.
All other applicable state or federal permits must be obtained before commencing development.
Note to Applicant: The proposed variance only addresses the Land Development Code standards expressly represented in this staff
report and any relief to such standards as approved. The relief granted through the variance(s) is restricted to the subject property
as noted in the staff report and is not transferable to other parcels of land.
The next step in this variance request is City Council consideration of the Board of Zoning Adjustment's recommended action
(provided it is not appealed) at an upcoming City Council meeting. Possible City Council approval of this variance request does not
constitute final approval to carry out the development proposed in this application. The applicant shall comply with all other applicable requirements of the Land Development Code, including any additional review requirements, and shall receive all necessary
permits before initiating development. Please contact the Permitting Services Division of the City of Orlando to inquire about your
next steps toward receiving a building permit.
Issuance of this variance does not in any way create any right on the part of an applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite
approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or
federal law.
AERIAL
Subject
Property
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STANDARDS FOR
VARIANCE APPROVAL
Special Conditions and Circumstances
Special conditions and circumstances exist
which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures or buildings in
the same zoning district. Zoning violations
or nonconformities on neighboring properties shall not constitute grounds for approval
of any proposed Zoning Variance.
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A ) V A R I A N C E O F + .4 F T . T O A L L O W 5 . 6 F T . E A S T S I D E
SETBACK WHERE 6 FT. IS THE MINIMUM REQUIRED. &
B ) V A R I A N C E O F + .3 F T . T O A L L O W 5 . 7 F T . E A S T S I D E
SETBACK WHERE 6 FT. IS THE MINIMUM REQUIRED.
Meets Standard
Yes

No 
The residence was built in 1950 with the existing setbacks. The proposed addition is inline with the existing structure.
Not Self-Created
The special conditions and circumstances do
not result from actions of the applicant. A
self-created hardship shall not justify a Zoning Variance; i.e., when the applicant himself by his own conduct creates the hardship
which he alleges to exist, he is not entitled to
relief.
Meets Standard
Yes

No 
The owner only recently purchased the property and thus did not create the
special circumstance.
No Special Privilege Conferred
Approval of the Zoning Variance requested
shall not confer on the applicant any special
privilege that is denied by this Chapter to
other lands, buildings, or structures in the
same zoning district.
Meets Standard
Yes
No 
Approval of the variance would not confer a special privilege due to the special
circumstance.
Deprivation of Rights
Literal interpretation of the provisions contained in this Chapter would deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under
the terms of this Chapter and would work
unnecessary and undue hardship on the applicant. Financial loss or business competition shall not constitute grounds for approval
of any variance. Purchase of property with
intent to develop in violation of the restrictions of this Chapter shall also not constitute
grounds for approval.
Meets Standard
Yes 
No 
Denial of the request would result in undue hardship as the addition is inline
with the existing residence and less than a 1 ft. encroachment.
Minimum Possible Variance
The Zoning Variance requested is the minimum variance that will make possible the
reasonable use of the land, building or structure.
Meets Standard
Yes
No
The requested variance is less than 1 ft. and is an inline addition.
Purpose and Intent
Approval of the Zoning Variance will be in
harmony with the purpose and intent of this
Chapter and such Zoning Variance will not
be injurious to the neighborhood or otherwise detrimental to the public welfare.
Meets Standard
Yes
No 
The proposal will not be injurious to the neighborhood, as it is an inline addition and consistent with the existing house.

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STANDARDS FOR
VARIANCE APPROVAL
Special Conditions and Circumstances
Special conditions and circumstances exist
which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures or buildings in
the same zoning district. Zoning violations
or nonconformities on neighboring properties shall not constitute grounds for approval
of any proposed Zoning Variance.
S t.
C)VARIANCE
OF 23.5 FT. TO ALLOW THE
REQUIRED PARKING SPACE TO PROJECT IN
FRONT OF THE PRINCIPAL FAÇADE WHERE A
FT. RECESS IS REQUIRED.
5
Meets Standard
Yes

No 
The residence was built in 1950 and does not appear to have included a garage
or carport.
Not Self-Created
The special conditions and circumstances do
not result from actions of the applicant. A
self-created hardship shall not justify a Zoning Variance; i.e., when the applicant himself by his own conduct creates the hardship
which he alleges to exist, he is not entitled to
relief.
Meets Standard
Yes

No 
The owner only recently purchased the property and thus did not create the
special circumstance.
No Special Privilege Conferred
Approval of the Zoning Variance requested
shall not confer on the applicant any special
privilege that is denied by this Chapter to
other lands, buildings, or structures in the
same zoning district.
Meets Standard
Yes
No 
Approval of the variance would not confer a special privilege due to the special
circumstance.
Deprivation of Rights
Literal interpretation of the provisions contained in this Chapter would deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under
the terms of this Chapter and would work
unnecessary and undue hardship on the applicant. Financial loss or business competition shall not constitute grounds for approval
of any variance. Purchase of property with
intent to develop in violation of the restrictions of this Chapter shall also not constitute
grounds for approval.
Meets Standard
Yes 
No 
Denial of the request would result in undue hardship. The owner would need
to demolish a portion of the front of the existing house.
Minimum Possible Variance
The Zoning Variance requested is the minimum variance that will make possible the
reasonable use of the land, building or structure.
Meets Standard
Yes
No 
The requested variance is the minimum variance possible as it is an existing
condition that would require demolition to remedy.
Purpose and Intent
Approval of the Zoning Variance will be in
harmony with the purpose and intent of this
Chapter and such Zoning Variance will not
be injurious to the neighborhood or otherwise detrimental to the public welfare.
Meets Standard
Yes
No 
The proposal will not be injurious to the neighborhood, as several residences
lack code compliant required parking spaces.
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APPLICANT RESPONSES
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